Article 21

Article 21 Protection of life and Personal liberty

Article-21 of the constitution says that, “No person shall be deprived of his life or personal liberty except according to the procedure established by law. Article-21was taken from Magna Carta in 1215 and from the 5th Amendment of American constitution.

Article-21 is inspired by the American constitution which says that, “No person shall be deprived of his life or personal liberty except by the Due Process of law. Sir Krishna Ayer swami supported the procedure established by law because it was procedural and executive till 1978.

In AK Gopalan

V

State of Madras

(AIR-1950, SC-27)

AK Gopalan was detained under the Prevention Detention Act 1950; he challenged the validity of the act before the Supreme Court. The Supreme Court interpreted the word “Liberty” and upholds the validity of the act.

In Menaka Gandhi

V

Union of India

(AIR-1978, SC-597)

(Reasonable – J/F/R)

Menaka Gandhi’s passport was impounded by the government.

She challenged the government’s decision as it is violating her personal liberty that is guaranteed under Article-21.

The Supreme Court held that, the procedure established by the law under Article21 must be Just, Fair and Reasonable and not of any procedure.

This decision over ruled the decision of Supreme Court in the AK Gopalan’s Case.

Right to Life and Personal liberty:

Right to life and Personal liberty also includes:

1) Right to Privacy

2) Right to livelihood

3) Right to Die

4) Right to Education

5) Right to Shelter

6) Right to get pollution free water and Air

7) Right to sleep

8) Bonded Labor system

1. Right to Privacy:

In Peoples union of civil liberties

V

Union of India

(Telephone Tapping Case)

The Supreme Court held that the telephone tapping is a serious issue of an individual’s right to Privacy.

In Mr. X

 V

 Hospital Z

(AIR-1999, SC-495)

The Supreme Court explained that the Article-21, entitles a person to lead a healthy life and therefore the women who was to marry a person was entitled to know whether her prospective husband is having any incurable diseases.

2. Right to livelihood:

In Olga Telis

V

Bombay Municipal Corporation

It was held that, life under Article-21 includes Right to livelihood.No person can live without the means of livelihood.The right to livelihood is not treated as a part and parcel of the constitution.The easiest way to deprive a person of his right to life is to deprive him of his right to livelihood.

In DK Yadav

 V

JMA Industries

The Supreme Court held that Right to life under Article-21 includes the Right to Livelihood. Hence the termination of service without giving a reasonable opportunity of hearing is illegal.

3. Right to Die:

In P Ratnam

 V

Union of India

It was held that, a person has a right to die and it is declared under Section309 of IPC as unconstitutional.

In Gian Kaur

 V

 State of Punjab

The Supreme Court had over-ruled the above decision in P. Ratnam’s case and held that, Right to live under Article-21 does not include “Right to die” or “Right to be killed”. Therefore, Section-309 of IPC is not a violation of Article-21 of the constitution.

4. Right to Education:

In Mohini Jain

 V

State of Karnataka

In this case, the petition of Mohini Jain challenged the Karnataka Educational Institution. The petitioner was denied of admission as she could not afford to pay such heavy fees. The Supreme Court held that charging such heavy fees amount to deny the Right to Education, which is the violation of Personal liberty under Article-21.

5. Right to get Pollution free water and air:

In Rural litigation and Entitlement Kendra

V

State of UP

The rural litigation and entitlement Kendra in a letter to the Supreme Court complained about the illegal mining in Mussorie – DehraDun Belt. As a result, the ecology of the surrounding area was affected and it led to the environmental disorder. The Supreme Court treated the letter as a Writ Petition under Article-32 of the constitution and directed to stop the illegal mining.

In MC Mehta

 V

 Union of India

(Oleum Gas Leak Case)

The Supreme Court treated the Right to live in pollution free environment as a part f fundamental right to life under Article-21 of the constitution.

6. Right to Shelter:

In Chameli Singh

V

State of UP

It was held that, the right to shelter is a fundamental right under Article-21 of the constitution.

7. Right to Sleep:

In Ramlila Maidan

V

Home Secretary, Union of India

Sleep is a biological and essential ingredient of the basic necessities of life. If the sleep is disturbed, the mind gets disoriented and disturbs the health cycle.

8. Bonded Labor System:

In Neerja Chaudhari

V

State of MP

Bhagwati held that, under the Bonded Labor System (Abolition) Act1976, It is not enough to identify and release the bonded laborers but it is important that they must be rehabilitated.